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HomeMy Public PortalAboutAgreement_2015-07-21_All American Asphalt_P13-12_PW Contract_Bicycle Transportation Account No. 1213-07-LA-19 and Pavement Management ProgramCITY OF TEMPLE CITY PUBLIC WORKS CONTRACT BTA (BICYCLE TRANSPORTATION ACCOUNT) BTA NO. 1213 -07 -LA -19, AND PMP (PAVEMENT MANAGEMENT PROGRAM) CITY CIP NO. P13-12 THIS AGREEMENT ("Agreement') is made and entered into this 215` day of July, by and between the CITY OF TEMPLE CITY, a Municipal Corporation located in the County of Los Angeles, State of California ("CITY"), and ALL-AMERICAN ASPHALT, a California corporation, located at 400 E. 6`h Street, Corona, CA 92878 ("CONTRACTOR"), collectively referred to as the Parties. RECITALS A. CITY, by its Notice Inviting Bids, duly advertised for written bids to be submitted on or before 2 PM, March 11, 2015, for the following: BTA (BICYCLE TRANSPORTATION ACCOUNT) BTA NO. 1213 -07 -LA -19, AND PMP (PAVEMENT MANAGEMENT PROGRAM) CITY CIP NO. P13-12 in the City of Temple City, California ("Project'). B. At 2 PM on said date, in the Temple City Council Chambers, the bids submitted for the Project were opened. C. At its regular meeting held on June 21, 2015, the City Council of CITY accepted the bid of CONTRACTOR for the Project as being the lowest responsive bid received and directed that a written contract be entered into with CONTRACTOR. OPERATIVE PROVISIONS NOW, THEREFORE, in consideration of the promises and of the mutual covenants and agreements herein contained, the parties do hereby agree as follows: 1. CONTRACT DOCUMENTS. This Agreement consists of the following documents ("Contract Documents"), all of which are made a part of this Agreement: (a) Notice Inviting Bids (b) Instructions to Bidders (c) Bid Form LA 44814-2634-9072 Q DRAFT 1/27/15 (d) Bid Proposal and/or Contract Proposal, as accepted, including the Certificate of Bidders' Experience and Qualifications and the List of Subcontractors (e) Information Required by Bidder (f) Notice of Award (g) Notice to Proceed (h) This Agreement (i) Verification of California Contractor's License Q) Contractor's Certificate Regarding Workers' Compensation (k) Security for payment (labor and materials) (1) Security for performance (m) Certificate(s) of Insurance (n) General Conditions/Specifications (o) Special Provisions (p) Plans and Standard Drawings (q) Prevailing Wage Scales (r) Standard Specifications for Public Works Construction, including subsequent addenda and supplements (s) Change orders issued by the City and signed by the Contractor pertaining to the Contract after the Contract is awarded to Contractor (t) All addenda issued by the City with respect to the foregoing prior to the opening of bids, including, Addenda Nos. (None). (u) Other documents (list here) All other applicable reference standards and requirements In the event there is a conflict between the terms of the Contract Documents, the more specific or stringent provision shall govern. 2. SCOPE OF WORK. CONTRACTOR agrees to perform all work required for the Project and to fulfill all other obligations as set forth in the Contract Documents ("Work"). Except as specifically provided in the Contract Documents, CONTRACTOR must furnish all of the labor, materials, tools, equipment, services and transportation 2 necessary to perform all of the Work. CONTRACTOR must perform all of the Work in strict accordance with the Contract Documents. 3. COMPENSATION & PAYMENT. CONTRACTOR hereby agrees to receive and accept the total amount of Eight Hundred Sixty Eight Thousand Two Hundred Fifty Dollars ($868,250.00), based upon those certain unit prices set forth in CONTRACTOR's Bid Schedule, a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference, as full compensation for the Work. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the Work during its progress or prior to its acceptance, including those for well and faithfully completing the Work in the manner and time specified in the Contract Documents, and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the Work, suspension or discontinuance of the Work, and all other unknowns or risks of any description connected with the Work. CITY shall retain five percent (5%) of the compensation until the provisions of Section 14 herein have been met. CITY hereby agrees to pay CONTRACTOR at the time, in the manner, and upon the conditions set forth in the CONTRACT DOCUMENTS. 4. UNAUTHORIZED ALIENS. CONTRACTOR promises and agrees to comply with all of the provisions of State and Federal law with respect to the employment of unauthorized aliens, including without limitation the Federal Immigration and Nationality Act (8 USCA 1101, et seq.), as amended. Should CONTRACTOR employ one or more unauthorized aliens for the performance of the Work, and should the Federal Government impose sanctions against the CITY for such use of unauthorized aliens, CONTRACTOR hereby agrees to, and shall, reimburse CITY for the cost of all sanctions imposed, together with any and all costs, including attorney's fees, incurred by the CITY in connection therewith. 5. REPRESENTATIONS AND WARRANTIES. CONTRACTOR hereby represents and warrants that: (a) It is not currently, and has not at any time within the past five (5) calendar years been, suspended, debarred, or excluded from participating in, bidding on, contracting for, or completing any project funded in whole or in part by program, grant or loan funded by the federal government or the State of California; and (b) CONTRACTOR currently has, and for the past five (5) calendar years has maintained in good standing, a valid California contractor's license; and (c) CONTRACTOR is registered with the Department of Industrial Relations to perform services on public works projects as required by Labor Code section 1725.5. CONTRACTOR agrees to complete and execute any statement or certificate to this effect as may be required by the City or by any federal or State of California program, loan or grant utilized on this Project. 6. TIME TO PERFORM THE WORK. CONTRACTOR shall commence the Work on the date specified in the Notice to Proceed to be issued to CONTRACTOR by the Director of Public Works of CITY, and shall complete work on the Project within Forty (40) working days after commencement. 7. NONDISCRIMINATION. CONTRACTOR shall not discriminate in its recruiting, hiring, promotion, demotion or termination practices on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, or sexual orientation in the performance of this Agreement, and shall comply with the provisions of the California Fair Employment and Housing Act as set forth in Part 2.8 of Division 3, Title 2 of the California Government Code; the Federal Civil Rights Act of 1964, as set forth in Public Law 88-352, and all amendments thereto; Executive Order 11246; and all administrative rules and regulations issued pursuant to such acts and order. 8. LABOR CODE REQUIREMENTS. (a) CONTRACTOR is aware of and agrees to abide by the provisions of California Labor Code Sections 1720, et seq., as well as Sections 1771, 1773, 1773.1, 1773.6, 1773.7, 1774, 1775, 1776 and 1777, pertaining to the obligation to pay prevailing wages with respect to the performance of work ("Prevailing Wage Laws"). Copies of the prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work for each craft are available upon request from the City. A copy of the prevailing rate of per diem wages shall be posted at the job site. If such posting is not possible, a copy shall be posted at the business of the CONTRACTOR. (b) CONTRACTOR acknowledges that under California Labor Code sections 1810 and following, eight hours of labor constitutes a legal day's work. CONTRACTOR will forfeit as a penalty to City the sum of $25.00 for each worker employed in the execution of this Agreement by CONTRACTOR or any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Labor Code section 1810. (Labor Code § 1813.) (c) CONTRACTOR, and any subcontractor engaged by CONTRACTOR, must pay not less than the specified prevailing rate of per diem wages to all workers employed in the execution of this Agreement. (Labor Code § 1774.) CONTRACTOR is responsible for compliance with Labor Code section 1776 relative to the retention and inspection of payroll records. (d) CONTRACTOR must comply with all provisions of Labor Code section 1775. Under Section 1775, Contractor may forfeit as a penalty to City up to $50.00 for each worker employed in the execution of the Agreement by CONTRACTOR or any subcontractor for each calendar day, or portion thereof, in which the worker is paid less than the prevailing rates. Contractor may also be liable to pay the difference between the prevailing wage rates and the amount paid to each worker for each calendar day, or portion thereof, for which each worker was paid less than the prevailing wage rate. (e) Nothing in this Agreement prevents CONTRACTOR or any subcontractor from employing properly registered apprentices in the execution of the Agreement. CONTRACTOR is responsible for compliance with Labor Code section 1777.5 for all apprenticeable occupations. This statute requires that contractors and subcontractors must submit contract award information to the applicable joint apprenticeship committee, must employ apprentices in apprenticeable occupations in a ratio of not less than one hour of apprentice's work for every five hours of labor performed by a journeyman (unless an exception is granted under §1777.5), must contribute to the fund or funds in each craft or trade or a like amount to the California Apprenticeship Council, and that contractors and subcontractors must not discriminate among otherwise qualified employees as apprentices solely on the ground of sex, race, religion, creed, national origin, ancestry or color. Only apprentices defined in Labor Code section 3077, who are in training under apprenticeship standards and who have written apprentice contracts, may be employed on public works in apprenticeable occupations. (f) CONTRACTOR shall defend, indemnify and hold the CITY, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 9. PROJECT SITE CONDITIONS. (a) CONTRACTOR shall, without disturbing the condition, notify CITY in writing as soon as CONTRACTOR, or any of CONTRACTOR's subcontractors, agents or employees have knowledge and reporting is possible, of the discovery of any of the following conditions: (i) The presence of any material that the CONTRACTOR believes is hazardous waste, as defined in Section 25117 of the Health and Safety Code; (ii) Subsurface or latent physical conditions at the site differing from those indicated in the specifications; or, (iii) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of this character provided for in this Agreement. (b) Pending a determination by CITY of appropriate action to be taken, CONTRACTOR shall provide security measures (e.g., fences) adequate to prevent the hazardous waste or physical conditions from causing bodily injury to any person. (c) CITY shall promptly investigate the reported conditions. If CITY, through its Director of Public Works, or his or her designee, and in the exercise of its sole discretion, determines that the conditions do materially differ, or do involve hazardous waste, and will cause a decrease or increase in the CONTRACTOR's cost of, or time required for, performance of any part of the Work, then CITY shall issue a change order. (d) In the event of a dispute between CITY and CONTRACTOR as to whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the CONTRACTOR's cost of, or time required for, performance of any part of the Work, CONTRACTOR shall not be excused from any scheduled completion date, and shall proceed with all work to be performed under the Agreement. CONTRACTOR shall retain any and all rights which pertain to the resolution of disputes and protests between the parties. 10. INDEMNITY. CONTRACTOR shall assume the defense of and indemnify and hold harmless the CITY, its elective and appointive boards, officers, agents and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from the performance of the Work, regardless of responsibility of negligence; and from any and all claims, loss, damage, injury and liability, resulting directly or indirectly from the nature of the Work covered by this Agreement, regardless of responsibility of negligence. (a) CITY does not, and shall not, waive any rights against CONTRACTOR which it may have because of the acceptance by CITY or the deposit with CITY by CONTRACTOR, of any of the insurance policies hereinafter described in this Agreement. (b) The indemnity provided by CONTRACTOR shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of the Work by CONTRACTOR, or any subcontractor, regardless of whether insurance policies are applicable to any of the damages or claims for damages. (c) The provisions of this section do not apply to claims occurring as a result of the City's sole negligence or willful acts or omissions. (d) The provisions of this section will survive the expiration or earlier termination of this Agreement. 11. BONDS. CONTRACTOR, before commencing the Work, shall furnish and file with CITY a bond, or bonds, in a form satisfactory to the CITY, in the sum of one hundred percent (100%) of the compensation amount stated in Section 3 of this Agreement conditioned upon the faithful performance of this Agreement and a bond, or bonds, in a form satisfactory to the CITY, in the sum of one hundred percent (100%) of the compensation amount stated in Section 3 of this Agreement conditioned upon the payment of all labor and materials furnished in connection with this Agreement. 12. INSURANCE. CONTRACTOR shall not commence the Work until CONTRACTOR has obtained all insurance required by the Contract Documents and such insurance has been approved by CITY as to form, amount and carrier. CONTRACTOR shall not allow any subcontractor to commence work on any subcontract until all similar insurance required of the subcontractor have been obtained and approved. (a) Workers' Compensation. CONTRACTOR shall take out and maintain, during the life of this Agreement, Worker's Compensation Insurance for all of CONTRACTOR's employees employed at the Project site; and, if any work is sublet, C.1 CONTRACTOR shall require the subcontractor similarly to provide Worker's Compensation Insurance for all of the latter's employees, unless such employees are covered by the protection afforded by CONTRACTOR. If any class of employees engaged in Work under this Agreement at the Project site is not protected under any Workers' Compensation law, CONTRACTOR shall provide and shall cause each subcontractor to provide adequate insurance for the protection of employees not otherwise protected. CONTRACTOR shall indemnify CITY for any damage resulting from failure of either CONTRACTOR or any subcontractor to take out or maintain such insurance. (b) Comprehensive General Liability, Products/Completed Operations Hazard, Comprehensive Automobile Liability and Contractual General Liability Insurance. CONTRACTOR shall take out and maintain during the life of this Agreement such comprehensive general liability, products/completed operations hazard, comprehensive automobile liability and contractual general liability insurance as shall protect CITY, its elective and appointive boards, officers, agents and employees, CONTRACTOR, and any subcontractor performing work covered by this Agreement, from claims for damage for personal injury, including death, as well as from claims for property damage which may arise from CONTRACTOR's or any subcontractor's operations under this Agreement, whether such operations be by CONTRACTOR or by any subcontractor, or by anyone directly or indirectly employed by either CONTRACTOR or any subcontractor, and the amounts of such insurance shall be as follows: (i) Public Liability Insurance in an amount of not less than ONE MILLION DOLLARS ($1,000,000); (ii) Products/Completed Operations Hazard Insurance in an amount of not less than ONE MILLION DOLLARS ($1,000,000); (iii) Comprehensive Automobile Liability Insurance in an amount of not less than ONE MILLION DOLLARS ($1,000,000); (iv) Contractual General Liability Insurance in an amount of not less than ONE MILLION DOLLARS ($1,000,000). A combined single limit policy with aggregate limits in an amount of not less than TWO MILLION DOLLARS ($2,000,000) shall be considered equivalent to the required minimum limits set forth hereinabove. (c) Proof of Insurance. The insurance required by this Agreement shall be with insurers which are Best A rated, and California Admitted or better. CITY shall be named as "additional insured" on all policies required hereunder, and CONTRACTOR shall furnish CITY, concurrently with the execution hereof, with satisfactory proof of carriage of the insurance required, and adequate legal assurance that each carrier will give CITY at least thirty (30) days' prior notice of the cancellation of any policy during the effective period of this Agreement. (d) Notice to Proceed. The CITY will not issue any notice authorizing CONTRACTOR or any subcontractor to commence the Work under this Agreement until CONTRACTOR has provided to the CITY the proof of insurance as required by this Section 12. 13. LIQUIDATED DAMAGES. The parties agree that it would be impractical and extremely difficult to fix the actual damages to the CITY in the event the Project is not commenced and/or completed on or before the dates specified for commencement and completion of the Project in the Contract Documents. The parties have considered the facts of a breach of this Agreement and have agreed that the liquidated damages sum hereinafter set forth is reasonable as liquidated damages in the event of a breach, and that said sum shall be presumed to be the amount of the damages sustained by the CITY in the event such work is not begun and/or completed and accepted by the times so specified in the Contract Documents. The sum of ONE THOUSAND DOLLARS ($1,000.00) shall be presumed to be the amount of damages suffered by the CITY for each day's delay in the starting and/or completion and acceptance of the Project after the dates specified in the Contract Documents for the start and/or completion thereof, and CONTRACTOR hereby agrees to pay said sum of ONE THOUSAND DOLLARS ($1,000.00) as liquidated damages for each day of delay in the starting and/or completing and acceptance of said Project beyond the dates specified in the CONTRACT DOCUMENTS. Any and all such liquidated damages assessed shall be done in accordance with that certain edition of the Standard Specification for Public Works Construction currently in effect on the execution date of this Agreement. CONTRACTOR (_Nl American Asphalt) CITY OF TEMPLE CITY By By / M c.We Park, &#-COA. BRYAN coca, CMN au►NA WR 14. NOTICE OF COMPLETION. Upon completion of PROJECT and acceptance of same by the City Council of the CITY, the City Manager of the CITY shall cause to be recorded a Notice of Completion with the office of the Los Angeles County Recorder; and, after thirty-five (35) days from the date said Notice of Completion is recorded, the Director of Finance of CITY shall release the funds retained pursuant to Section 3 hereof; provided there have been no mechanics' liens or stop notices filed against the Work which have not been paid, withdrawn or eliminated as liens against said work. 15. COMPLIANCE WITH LAWS. In performing the Work, CONTRACTOR must comply with all applicable statutes, laws and regulations, including, but not limited to, OSHA requirements and the Temple City Municipal Code. Contractor must, at Contractor's sole expense, obtain all necessary permits and licenses required for the Work, and give all necessary notices and pay all fees and taxes required by law, including, without limitation, any business license tax imposed by City. 16. INDEPENDENT CONTRACTOR. CONTRACTOR is and will at all times remain as to CITY a wholly independent contractor. Neither the CITY nor any of its officers, employees, or agents will have control over the conduct of CONTRACTOR or any of CONTRACTOR's officers, employees, agents or subcontractors, except as expressly set forth in the Contract Documents. CONTRACTOR may not at any time or in any manner represent that it or any of its officers, employees, agents, or subcontractors are in any manner officers, employees, agents or subcontractors of CITY. 17. GENERAL PROVISIONS. (a) Authority to Execute. Each Party represents and warrants that all necessary action has been taken by such Party to authorize the undersigned to execute this Agreement and to bind it to the performance of its obligations. (b) Assignment. CONTRACTOR may not assign this Agreement without the prior written consent of CITY, which consent may be withheld in the CITY's sole discretion since the experience and qualifications of CONTRACTOR were material considerations for this Agreement. (c) Binding Effect. This Agreement is binding upon the heirs, executors, administrators, successors and permitted assigns of the Parties. (d) Integrated Agreement. This Agreement, including the Contract Documents, is the entire, complete, final and exclusive expression of the Parties with respect to the Work to be performed under this Agreement and supersedes all other agreements or understandings, whether oral or written, between CONTRACTOR and CITY prior to the execution of this Agreement. (e) Modification of Agreement. No amendment to or modification of this Agreement will be valid unless made in writing and approved by CONTRACTOR and by the City Council or City Manager of CITY, as applicable. The Parties agree that this requirement for written modifications cannot be waived and that any attempted waiver will be void. (f) Counterparts and Facsimile Signatures. This Agreement may be executed in several counterparts, each of which will be deemed an original, and all of which, when taken together, constitute one and the same instrument. Amendments to this Agreement will be considered executed when the signature of a party is delivered by facsimile transmission. Such facsimile signature will have the same effect as an original signature. (g) Waiver. Waiver by any Party of any term, condition, or covenant of this Agreement will not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement will not constitute a waiver of any other provision, or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any Work performed by CONTRACTOR will not constitute a waiver of any of the provisions of this Agreement. (h) Interpretation. This Agreement will be interpreted, construed and governed according to the laws of the State of California. Each party has had the opportunity to review this Agreement with legal counsel. The Agreement will be construed simply, as a whole, and in accordance with its fair meaning. It will not be interpreted strictly for or against either party. (i) Severability. If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement will not be affected and the Agreement will be read and construed without the invalid, void or unenforceable provision. 0) Attorneys' Fees. The prevailing party in any action to resolve a dispute concerning this Agreement shall be entitled to have and recover from the losing party the reasonable attorneys' fees and costs of such action. (k) Venue. In the event of litigation between the parties, venue in state trial courts will be in the County of Los Angeles. In the event of litigation in a U.S. District Court, venue will be in the Central District of California, in Los Angeles. (I) Notices. All written notices required or permitted to be given under this Agreement will be deemed made when received by the other Party at its respective address as follows: To CITY: City of Temple City 9701 Las Tunas Drive Temple City, California 91780 Attention: City Clerk's Office (Tel.) (626)285-2171 ext. 4132 (Fax) (626)285-8192 To Contractor: All American Asphalt 400 E. 6'" Street Corona, CA 92878 Attention: LAA 44A - (Tel.) 51 (Fax) SI W" 6- y Notice will be deemed effective on the date personally delivered or transmitted by facsimile. If the notice is mailed, notice will be deemed given three days after deposit of the same in the custody of the United States Postal Service, postage prepaid, for first class delivery, or upon delivery if using a major courier service with tracking capabilities. Any Party may change its notice information by giving notice to the other Party in compliance with this section. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed on the 21st day of July. 2015, by their respective officers duly authorized in that behalf. 10 ATTEST: —6"1,/K't'a Peggy uo, ity Clerk /_12=601:11rltFmr91meja" �i/' Eric S. Vail, City Attorney CITY OF TEMPLE CITY, a Municipal Corporation by Bryan Cook, City Manager ALL-AMERICAN ASPHALT, a California corporation by 'Mwha2 �+k� care, M, ACORO® CERTIFICATE OF LIABILITY INSURANCE DAM 8/22D015rr) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER CA LIC 0829370 1-935-244-7700 Edgerwood Partnere Insurance Centers (EPIC) [Inland Empire - Branch ID 145427 P.O. Hoz 5003 NAME: Certificates Department PHONE (925) 244-7700 FAX (925) 901-11671 4AIJL EPICcertetspicbrokars.com INSURERS AFFORDING COVERAGE NAICS INSURERA: ARCH SPECIALTY IHS CO 21199 San Ramon, CA 94583 INSURED INSURERS: ZURICH AMER IHS CO 16535 All American Asphalt INSURER C: NATIONAL UNION FIRE INS CO OF PITTS 19445 INSURER D: P.O. Box 2229 INSURER E: INSURER F: Corona, CA 92878-2229 COVERAGES CERTIFICATE NUMBER: 44655277 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL J= BUBR ima POLICY NUMBER PMMOryVFF yYI POLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY GPP002265807 08/01/15 08/01/16 EACHOCCURRENCE $ 1,000,000 CLAIMS -MADE � OCCUR REMI SES fEa ET N D $ 100,000 MED EXP (Any one ) s PERSONAL& ADV INJURY S 1,000,000 GENL AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2.000,000 O. POLICY � JET F—] LOC PRODUCTS-COMP/OP AGO 5 2.000, 000 $ OTHER: B AUTOMOBILE LIABILITY BAP557108803 08/01/15 08/01/16 COMBINED SINGLE DMRMe accideral S 2,000,000 BODILYINJURY(Paspareon) S X ANY AUTO I ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY(Per moddet) S PROPERTY IDAMAGE $ (Per X HIRED AUTOS X AUTOS S C UMBRELLA LIAB X OCCUR DR11665655 08/01/15 08/01/16 EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10,000,000 X EXCESS UAS CLAIMS -MADE DED I X I RETENTION$ 10,000 F011Owing-Form $ B WORRERS COMPENSATION AND EMPLOYERFLIABILITY YIN ANY PROPRIETORIPARTNEWEXECUTNE OFFICEWMEMBER EXCLUDED? (Mandatory In NH) NIA NC593205703 08/01/15 08/01/16 X PER 0TH - E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 die., d.sa be under DESCRIPTION OF OPERATIONSbtlow EL. DISEASE -POLICY UNITY S 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, A0dNonal Remarks Schedule, may be attached N more space is required) RE: BTA (Bicycle Transportation Account) BTA 51213 -07 -LA -19, and PMP (Pavement Management Program) City CIP #P13-12 Certificate Holder is Additional Insured if Required by Written Contract Excluding Workers Compensation (21 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Temple City THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 9701 Lae Tunas Dr. AUTHORIZED REPRESENTATIVE (� Temple City, CA 91780 � 1•// _ USA `� © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD sleles-ont 44655277 MEMO To: Whom it may concern From: Edgewood Partners Insurance Centers (EPIC) Named Insured: All American Asphalt et al Policy Number(s): GPP002265"7, BAP5571088-03, WC5932057-02, BE11665655 RE: Notice of Cancellation Should the above described policy be cancelled before the expiration date thereof, we will mail 30 days written notice to the Certificate Holder; except, 10 days notice for non-payment of premium. Sincerely, Kathy Lcpe* Account Manager tel: 925.244.7700 3000 executive parkway, suite 325, san ramon, ca 94583 ca license OB29370 epicbrokers.com THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM COMMERCIAL GENERAL LIABILITY SELF-INSURED RETENTION COVERAGE FORM SECTION II — WHO IS AN INSURED is amended to include as an additional insured those persons or organizations who are required under a written contract with you to be named as an additional Insured, but only with respect to liability for'bodlly Injury, 'property damage', or'personal and advertising Injury' caused, in whole or In part. by your acts or omisslons or the acts or omissions of you subcontractors: A. In the performance of your ongoing operations or'your work", including "your work" that has been completed: or B. In connection with your premises owned by or rented to you. As used in this endorsement, the words you" and "your" refer to the Named Insured. All other terms and conditions of this Policy remain unchanged Schedule Project City of Temple City RE: BTA (Bicycle Transportation Account) BTA #1213 -07 -LA -19, and PMP (Pavement Management Program) City CIP #P13-12 Endorsement Number: This endorsement is effective on the inception date of this policy unless otherwise stated herein. (The information below Is required only when this endorsement Is Issued subsequent to preparation of the policy.) Pollcy Number GPP0022658-07 Named Insured: All American Asphalt et al Endorsement Effective Date: August 1, 2015 3969 00 CGL0006 DO 05 07 Page 1 of t THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OTHER INSURANCE- BROAD FORM, CGL POLICY ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM Under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, the following paragraph is added to Condtion 4. Other Insurance: Where the Named Insured is required by a written contract to provide insurance that Is primary and non-contributory, and the wntlen contract so requiring is executed by the Named Insured before any occurrence" or offense, this Insurance will be primary, but orgy If and to the extent required by that written contract All other terms and conditions of this Policy remain unchanged Schedule City of Temple City Endorsement Number Project RE: BTA (Bicycle Transportation Account) BTA #1213 -07 -LA -19, and PMP (Pavement Management Program) City CIP #P13-12 This endorsement is effective on the inception dale of this policy unless otherwise stated herein. (The information below is required only when this endorsement is Issued subsequent to preparation of the policy.) PollcyNumber• GPP0022658-07 Named insured: All Amedcan Asphalt at at Endorsement Effective Date August 1, 2015 00 CGL0130 00 09 06 Page 1 of 1 3969 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. WAIVER OF SUBROGATION ENDORSEMENT This endorsement modifies Insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM COMMERCIAL GENERAL LIABILITY SELF-INSURED RETENTION COVERAGE FORM SCHEDULE Name of Person or Organization: Where required by written contract. Under SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, Condition 8. Transfer Of Rights Of Recovery Against Others To Us is amended by the addition of the following provision: We waive any ngN of recovery we may have against the person or organization shown in the SCHEDULE above because of payments we make for injury or damage arising out of you operations or 'your work' done under a written contract with that person or organization. All other terms and conditions of this Policy remain unchanged. Schedule Project City of Temple City RE: BTA (Bicycle Transportation Account) BTA #1213 -07 -LA -19, and PMP (Pavement Management Program) City CIP #P13-12 Endorsement Number: This endorsement is effedive on the inception date of this policy unless otherwise stated herein. (The information below is required only when this endorsement Is Issued subsequent to preparation of the policy.) Policy Number GPP002265-07 Named Insured: All American Asphalt et al Endorsement Effective Date August 1, 2015 00 CGL0121 00 09 06 Induces copyrighted material of Insurance Services Office, Inc., Page 1 of 1 with Its permission. 3969 POLICYNUMBER BAP5571088-03 COMMERCIAL AUTO CA 20480299 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies Insurance provided under thefollowing: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are lnsureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided In the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date Is indicated below. Endorsement Effective: 8/1/15 Countersigned By: Authorized Re esentative) Named Insured: All American Asphalt 4=d:1 z RlrJ III Nara of Psmrl(s) or OrpanbAlon(s): ANY PERSON OR ORGANIZATION TO WHOM OR WHICH YOU ARE REQUIRED TO PROVIDE ADDITIONAL INSURED STATUS OR ADDITIONAL INSURED STATUS ON A PRIMARY, NON—CONTRIBUTORY BASIS, IN A WRITTEN CONTRACT OR WRITTEN AGREEMENT EXECUTED PRIOR TO LOSS, EXCEPT WHERE SUCH CONTRACT OR AGREEMENT IS PROHIBITED BY LAW. Schedule Project City of Temple City RE: BTA (Bicycle Transportation Account) BTA #1213 -07 -LA -19, and PMP (Pavement Management Program) City CIP #P13-12 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown In the Schedule Is an 'insured" for Liability Coverage, but only to the extent that person or organ zation qualifies as an 'insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. CA 20 48 02 99 Copyright. Insurance Services Office. Inc.. 1998 Page 1 of 1 0 3969 POLICY NUMBER BAP5571088-03 COMMERCIAL AUTO CA 0444 0310 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM Wth respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is Indicated below. Named Insured: All American Asphalt Endorsement Effective Dale: 8/1/15 SCHEDULE Nane(s) Of Person(s) Or Organlratlon(s): ALL PERSONS AND/OR ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE ACCIDENT OR LOSS, THAT WAIVER OF SUBROGATION BE PROVIDED UNDER THIS POLICY The Transfer Of Rights Of Recovery Against Others To Us Condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogallon is waived prior to the "aa cident" or the loss" under acontract with that person or organization. Schedule City of Temple City Project RE: BTA (Bicycle Transportation Account) BTA #1213 -07 -LA -19, and PMP (Pavement Management Program) City CIP #P13-12 3969 CA 0444 0310 0 Insurance Services Office. Inc., 2009 Page 1 of 1 13 WOMERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 484) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA Wye have the right to recover our payments from anyone liable for an injury covered by this policy. IM will not enforce our right against the person or organization nomad in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described In the Schedule. The additional premium for this endorsement shall be 0.00 % of the California workers' compensation pre- mium otherwise due on such remuneration. .^, Person or Organization Job Description ALL PERSONS AND/OR ALL CA OPERATION ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE ACCIDENT OR LOSS, THAT WAIVER OF SUBROGATION BE PROVIDED UNDER THIS POLICY FOR WORK PERFORMED BY YOU FOR THAT PERSON AND/OR ORGANIZATION City of Temple City RE: BTA (Bicycle Transportation Account) BTA #1213- 07-1-A-19, and PMP (Pavement Management Program) City CIP #P13-12 All American Asphalt Policy #WC5932057-02 8/1/15 Zurich American Ins. Co. WC 252 (4 84) 3969 WC 040306 (Ed. 4-64) Page 1 or 1 r Executed in 2 Counterparts Bond No. 7645825 Premium: $3,430.00 Premium is for contract term and is subject to adjustment based on final contract price FAITHFUL PERFORMANCE BOND BTA (BICYCLE TRANSPORTATION ACCOUNT) BTA NO. 1213 -07 -LA -19, AND PMP (PAVEMENT MANAGEMENT PROGRAM) CITY CIP NO. P13-12 CITY OF TEMPLE CITY KNOW ALL MEN BY THESE PRESENTS that All American Asphalt , as CONTRACTOR and Fidelity and Deposit Company of Maryland as SURETY, are held and firmly bound unto the City of TEMPLE CITY, in the penal sum of Eight Hundred Sixty Eight Thousand Two' dollars ($868,250.00), which is 100 percent of the total contract amount for the above stated project, for the payment of which sum, CONTRACTOR and SURETY agree to be bound, jointly and severally, firmly by these presents. Hundred Fifty and 00/100 THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas CONTRACTOR has been awarded and is about to enter into the annexed Contract with the City of TEMPLE CITY for the above stated project, if CONTRACTOR faithfully performs and fulfills all obligations under the contract documents in the manner and time specified therein, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of the City of TEMPLE CITY; provided that any alternations in the obligations or time for completion made pursuant to the terms of the contract documents shall not in any way release either CONTRACTOR or SURETY, and notice of such alternations are hereby waived by SURETY. IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals this 29th day of July 2015. CONTRACTOR' All American Asphalt 400 East Sixth Street, Corona, CA 92879 SURETY" Fidelity and Deposit Company of Maryland 777 S. Figueroa Street, Suite 3900, Los Angeles, CA 90017 David Wei (213) 270-0600 Rebecca Haas -Bates, Attorney -in -Fact * Provide CONTRACTOR/SURETY name, address and telephone number and the name, title, address and telephone number for authorized representative. Subscribed and sworn to this day of "See Attached" , 20_ [NOTARY REQUIRED] CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached. and not the truthfulness. accuracv. or validity of that document. State of California County of Riverside On 07/31/15 before me, Donna Thome, Notate Public Date Here Insert name aM Tft a of the Officer personally appeared Edward J. Carlson Names) of SQ.(.) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(&) Ware subscribed to the within instrument and acknowledged to me that he/shekhey executed the same in his/heA40,eir authorized capacity("), and that by his/herAheir signature(r) on the instrument the person(s), or the entity upon behalf DONNA THORNE of which the person(s) acted, executed the instrument. Commission # 2067768 Notary Public •California a I certify under PENALTY OF PERJURY under the laws of the State of Z Riverside County California that the forgoing paragraph is true and correct. M Comm. Expires Jun 7, 2018 WITNESS my hand and official seal. Signature 41# _� Place Notary Seal Above signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Performance Bond No. 7645825 Document Date: 7/29/15 Number of Pages One (1) Signer(s) Other Than Named Above: Fidelity and Deposit Company of Maryland Signer's Name: Edward J. Carlson Signer's Name: o Individual o Individual X Corporate Officer—Title(&): Vice -President o Corporate Officer—Title(s): o Partner L o Limited o General o Partner Io Limited o General o Attorney in Fad o Attorney in Fact o Trustee Top7I.mbh-. Teo o� m_nC nc e ❑ Trustee o Other: o Other: Signer is Representing: Signer is Representing: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Califomia ) County of Orange ) On 07/29/2015 before me, R. Pamrno, Notary Public Date Here Insert Name and Title of the Officer personally appeared Rebecca Haas -Bates NameKof SignetN who proved to me on the basis of satisfactory evidence to be the persons) whose names} is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity l*, and that by hic(herMnir signatures on the instrument the person(, or the entity upon behalf of which the persons) acted, executed the instrument. R. PARAMO CommU.ion a 2035890 Notary Public - California i Orange County Comm. Et ires Aug5, 2017 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. W NES y han an fficial seal. Sig Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Performance Bond No. 7645825 Document Date: 07/29/2015 Number of Pages: Onej1L Signers) Other Than Named Above: All American Asphalt Capacity(ies) Claimed by Signer(s) Signer's Name: Rebecca Haas -Bates ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual 53Attomey in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Fidelity and Deposit Company of Maryland Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other. Signer Is Representing: e vi•r i • •- •• EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attorneys -in -Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attomeys-in-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attomey-in-fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and 1 do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney ... Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 29th day of July , 2015 . 000 Thomas O. McClellan, Vice President Bond Number 7645825 Obligee: city Of Temple clry ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by Michael P. Bond, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Rebecca Haas -Bates , its we and lawful agent and Attomey-in-Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vim President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 22nd day of July, A.D. 2015. BY Michael P. Bond Vice President By: Eric D. Barnes Secretary State of Maryland County of Baltimore ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND Ole On this 22nd day of July, A.D. 2015, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Michael P. Bond, Vice President and Eric D. Barnes, Secretary of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly swom, deposeth and with, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto ser my hand and affixed my Official Sea] the day and year first above written. 'O pii`flV \! 5 Constance A. Dunn, Notary Public Fc' '6,y'I4j`puilfj?s'4 My Commission Expires: July 9, 2019 'rrn��n a`� Executed in 2 Counterparts Bond No. 7645825 Premium included in Performance Bond MATERIAL AND LABOR BOND BTA (BICYCLE TRANSPORTATION ACCOUNT) BTA NO. 1213 -07 -LA -19, AND PMP (PAVEMENT MANAGEMENT PROGRAM) CITY CIP NO. P13-12 CITY OF TEMPLE CITY KNOW ALL MEN BY THESE PRESENTS that All American Asphalt as CONTRACTOR and Fidelity and Deposit Company of Maryland as SURETY, are held and firmly bound unto the City of TEMPLE CITY, in the penal sum of Eight Hundred Sixty Eight Thousand Two' dollars ($868,250.00), which is 100 percent of the total contract amount for the above stated project, for the payment of which sum, CONTRACTOR and SURETY agree to be bound, jointly and severally, firmly by these presents. Hundred Fifty and 00/100 THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas CONTRACTOR has been awarded and is about to enter into the annexed Contract with the City of TEMPLE CITY for the above stated project, if CONTRACTOR faithfully performs and fulfills all obligations under the contract documents in the manner and time specified therein, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of the City of TEMPLE CITY; provided that any alternations in the obligations or time for completion made pursuant to the terms of the contract documents shall not in any way release either CONTRACTOR or SURETY, and notice of such alternations are hereby waived by SURETY. IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals this 29th day of July 2015. CONTRACTOR* All American Asphalt 400 East Sixth Street, Corona, CA 92879 (951)736-7600 Uv.%WS . C%A-"P^,V tct 1ces:aer" M�Wd F$N�s, S eiwl SURETY* Fidelity and Deposit Company of Maryland 777 S. Figueroa Street, Suite 3900, Los Angeles, CA 90017 David Wei (213) 270-0600 * Provide CONTRACTOR/SURETY name, address and telephone number and the name, title, address and telephone number for authorized representative. Subscribed and sworn to this day of *'See Attached** , 20_. [NOTARY REQUIRED] CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT CIVIL CODE § 1189 A notary public or other otficer completing this certificate verifies only the identity of the individual who -signed the document to which this certificate is attached. and not the truthfulness. accuracv. or validitv of that document. State of California County of Riverside On 07/31/15 before me, Donna Thome, Notary Public Date Here Insert name and Title of the Officer personally appeared Edward J Carlson Names) of Signers) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/shekhey executed the same in hiskter/thea authorized capacity(ies), and that by hiskterkheir DONNA THORNE signatures) on the instrument the person(s), or the entity upon behalf Commission # 2067768 of which the person(s) acted, executed the instrument. a -: Notary Public - California Z ' Riverside County I certify under PENALTY OF PERJURY under the laws of the State of M Comm. Expires Jun 7, 2018 J California that the forgoing paragraph is true and correct. WITNESS my hand and official seal Signature /tXlYL�_Q �J�1rJ]YtQ Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Material and Labor Bond No. 7645825 Document Date: 7/29/15 Number of Pages One (1) Signer(s) Other Than Named Above: Fidelity and Deposit Company of Maryland Signer's Name: Edward J. Carlson Signer's Name: ❑ Individual ❑ Individual XCorporate Officer —Title(s): Vice -President ❑ Partner L o Limited o General ❑ Attorney in Fact a Trustee ❑ Other: Signer is Representing: ❑ Corporate Officer — Title(s): ❑ Partner F o Limited o General ❑ Attorney in Fact ❑ Trustee ❑ Other: Signer is Representing: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE �a<.a: �c!i�tat n� �a<'nta aNcG r<m .a .nNANft :M.v .�K:�.✓KttiS ..tt:�a� A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Orange ) On 07/29/2015 before me, R. Paramo, Notary Public Date Here Insert Name and Title of the Officer personally appeared Rebecca Haas -Bates Name(*of Signerisl who proved to me on the basis of satisfactory evidence to be the person(* whose names} is/am subscribed to the within instrument and acknowledged to me that Wshe/they executed the same in his/her/their authorized capacity, and that by hic(her/their signaturej4on the instrument the person(!* or the entity upon behalf of which the person(s) acted, executed the instrument. A. PMWAD Commission 12075!90 Notary Public - California z Z Oran0e County M Comm. E ires Au 5, 201 7 Place Notary Sea/ Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is tru W NESS (frly hand d offici Signa Signature of Notary Public OPTIONAL Though this section Is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Material & Labor Bond No. Number of Pages: One 1 Signer(s) Other Than Ni Capacity(ies) Claimed by Signer(s) Signer's Name: Rebecca Haas -Bates ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual IRAttomey in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Fidelity and Deposit Company of Maryland 7645825 Document Date: 07/29/2015 med Above: All American Asphalt Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other. Signer Is Representing: IN 1 -,• • �� . •�• .� ••.. :11•• .�. 211 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attomevs-in-Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attomeys-in-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attomey-in-fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE 1, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and 1 do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney ... Any such Power or any certificate thereof hearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the I Oth day of May, 1990, RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 29th day of July , 2015 . coo Thomas O. McClellan, Vice President Bond Number 7645525 Obligee: City or Temple city ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by Michael P. Bond, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Rebecca Haas -Bates 'its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 22nd day of July, A.D. 2015. By: Michael P. Bond Vice President By: Eric D. Barnes Secretary State of Maryland County of Baltimore ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND lIt4L ��� r • >t On this 22nd day of July, A.D. 2015, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Michael P. Bond, Vice President and Eric D. Barnes, Secretary of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, depowth and with, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above wrinen. � y Constance A. Dann, Notary Public My Commission Expires: July 9, 2019 BUSINESS LICENSE CCTV OF TEMPLE CITY The person, firm or corporation named below is granted this certificate pursuant to the -provisions ol'the Cilyreusiness Tax Ordinance to engage in, carry on or conduct'the busiriess; liade,lcalling•, profession, ezhibiRon'or'occupation described below., Issuance 6f-certificalOs not an, endorsement:,nor�cenificationiotcomptiance�anth other ordinances or taws,, nor an assurance that the proposed use.is in conformance with the city.zoriing regufat-roma. This certificate is issued wittioul verification that Ihe'tax"payer is subject to or exempt frpm licensing by,thesSlate'orCalifornia. BUSINESS NAME:, All American Asphalt Business, Description: -CONTRACTORS BUSINESS LOCATION: 4006thSt "Corona, CA 92879 BUSINESS OWNER: Mark Luer Robert Bradley ALL AMERICAN_,ASPHALT P O BOX -2229 CORONA; CA 92879 TO BE POSTED IN,A CONSPICUOUS PLACE Business License Number: 005340; Account .'Number,: 005340 Effective Date: .January 01, 2015 Expiration Date: December31, 2015 License 'NOT -TRANSFERABLE